论防治职场性骚扰的义务主体

文章针对防治职场性骚扰的现实需求,论述了国家和用人单位作为义务主体应当履行的职责及其依据。基于国际公约和中国法律的相关规定,国家有防治职场性骚扰的义务,应由各职能部门分别承担完善立法、加强司法和执法等任务,使现行原则性规范具体化,不仅具有可操作性,而且具有威慑力。尤其要借鉴外国和港、台的经验,明确用人单位防治职场性骚扰的义务和责任。

Parties Liable for Preventing Workplace Sexual Harassment

The paper recognizes the existing need of preventing sexual harassment in the workplace and stresses the responsibility of the state and employers as liable parties for preventing sexual harassment in the workplace.Based on concerned international conventions and relevant laws in China,the state has a duty to prevent sexual harassment in the workplace and should encourage relevant government agencies to improve legislation and strengthen judicial systems and enforcement of laws.In so doing,there is not only a chance to formalize what is now the general principle but also operationalize the principle in order for it to function as expected.To learn from experience in other countries as well as that from Hong Kong and Taiwan is to clarify employers' responsibility for preventing sexual harassment in the workplace.